HomeMy WebLinkAbout17000991948000_Variances_06-13-20191 *
1222S98
CAROL SCHMALTZ
OTTER TAIL COUNTY
RECORDER/REGISTRAR OF TITLES
FERGUS FALLS, MN
RECORDED ON
07/02/2019 09:43 AM
FEE: 46,00
PAGES 4
WELL CERTIFICATE REC'D: N
Date Stamp
RECEIVED
MAY 1 3 2019
LANDS RESOURCE
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L&R initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER.
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
Government Services Center, 540 W Fir Ave, Fergus Falls MN 56537
218-998-8095
www.ottertallcountymn.usOTTCRTflU
3^00 DOApplication Fee
<l0l^'CC7Receipt Number
Date 3Accepted by
Property Owner
Name Carman & Carole Lynnes
Address 51224 Pelican Point Dr.
City Detroit Lakes
State MN
Zip 56501
Daytime
Phone
701-866-9504
Email carmanlynnes@gmail.com
Parcel Information
bir Lake Class I jLake NameLake No Pelican
Parcel Number(s)1700099197000017000991968000
Parcel Number(s)17000991948000
Section 4Township Name Dunn
L0V5 1 **■ 3 Of St'ConciLegal Description NW1/4 of the SW1/4, Sec 4-137-42
Uf P/hcar) ppifij-Firsf Aririn
Physical Address 51224 Pelican Point Dr. Detroit Lakes, MN
TYPE OF VARIANCE REQUESTED (Please Check)
structure
Setback
/SubdivisionStructure Sire Sewage System
MiscellaneousClusterWECS
1
SPECIFY HOW YOUR PROJCT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAIL
COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC
NOTIFICATION.
OTTER TAIL COUNTY ORDINANCE: ShOTgllWUl fVUtn«-<|^|nen4'
SECTION OF ORDINANCE: HI. t). ^
VARIANCE REQUEST:
Lot 1 (Parcel No. 17000991968000) & Lot 3 (Parcel No. 17000991970000) of Haggarts Second Addition
are attached to Lot 20 (Parcel No.17000991948000) Pelican Point First Addition. We are requesting that
Lot 1 be split from Lot 20 and permanently attached to Lot 23 (Parcel No. 17000991951000) of Pelican
Point 1st Addition, Lot 3 will remain permanently attached to Lot 20 of Pelican Point 1st Addition.
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT
ORDINANCES/SUBDIVISION CONTROLS ORDINANCE/SANITATION CODE/SETBACK ORDINANCE AND/OR WECS ORDINANCE OF OTTER
TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BEREQUIRED. IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE
MANAGEMENT^GARDING THIS MATTEjRT
2-C)C|
;nt for owner DATE
^APPLICANT MUST BE PRESENT AT THE HEARING
(Applicant will Receive Notification of the Date/Time of Hearing)
OFFICE USE ONLY
Date of Board of Adjustment Hearing ^0/^Time P nn
Motion
Carman & Carole Lynnes - Variance Application Approved as Requested (7:57 p m )
and based on the Findings of Fact and Decision Form’which contain!T drawing submitted with the variance application
attached
Chiirman/Otter Tail County Board of Adjustment
Permit(s) required from Land & Resource Management 1YesNo
Note: If Yes, contact Land & Resource Management
Atvuj fasLi klilBCopy of Application mailed/emailed to Applicant, County Assessor and MN DNR
L&R Official/Date
d 01122019-001 2
Chris LeClair
DirectorOTTER TAIL COUNTY
LAND & RESOURCE MANAGEMENT
PUBLIC WORKS DIVISION
WWW.CO.OTTER-TAIL.MN.US
Kyle Westergard
Asst. DirectorOTTCR Tflll
OOHITT StflllOTa
GOVERNMENT SERVICES CENTER
540 WEST FIR AVENUE
FERGUS FALLS, MN 56537 218-998-8095
FAX; 218-998-8112
Board of Adjustment
Findings of Fact and Decision
Address/Parcel No. 51224 Pelican Point Dr./17000991968000.Applicant: Carman & Carole Lynnes
17000991970000 & 17000991948000
Requested Variance: Lot 1 (Parcel No. 17000991968000) & Lot 3 (Parcel No. 17000991970000) of Haggarts Second
Addition are attached to Lot 20 (Parcel No. 17000991948000) Pelican Point First Addition. We are requesting that Lot 1
be split from Lot 20 and permanently attached to Lot 23 (Parcel No. 17000991951000) of Pelican Point 1"* Addition, Lot 3
will remain permanently attached to Lot 20 of Pelican Point 1^* Addition.
Otter Tail County Ordinance: X Shoreland Mgmt. 1 Sanitation. I Subdivision. IWECS I Dock & Riparian Use I Setback Ord.
Ordinance Section Citation: III.4.D.______________________________________________________________
A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A
determination that a practical difficulty exists is based upon consideration of the following criteria:
The applicant identified the following practical difficulty: Selling a parcel to neighbor which is directly across from his lot and would
allow him to have utility storage. Current owner does not need parcel and finds it appropriate to attach to his property.
Otter Tail County Board of Adjustment - Variance Question Findings
1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes
and intent of the official control).
X Yes, the variance is in harmony with the general purposes and intent of the official control...
i No, the variance is NOT in harmony with the general purposes and intent of the official control...
...because:
It is within the intent of the Shoreland Management Ordinance.
2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The
board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official
control).
X Yes, the property owner is proposing to use the property in a reasonable manner...
] No, the property owner is NOT proposing to use the property in a reasonable manner...
...because:
The request is reasonable.
3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall
consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact
zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others?
Does this lot have a feature that does not affect all parcels similarly?)
X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner....
J No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner...
...because:
The lot is being attached to a lot directly across from the property.
Will the issuance of the variance maintain the essential character of the locality? Yf/ie board shall consider and state for the
record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are
nearshore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.)
X Yes, the issuance of the variance will maintain the essential character of the locality....
□ No, the issuance of the variance will NOT maintain the essential character of the locality...
...because:
4.
Does the need for the.variance involve more than just economic considerations? (The board shall consider if economics played
a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does
not constitute a practical difficulty).
X Yes, the need for the variance involves more than just economic considerations....
□ No, the issuance of the variance is only for economic considerations...
...because:
5.
It is not because of money; it makes sense to attach this lotto the lot across from it.
The Otter Tail County Board of Adjustment: APPROVES X the requested variance.DENIES
Complete and attach After-the-Ract Addendum if this is an After-The-Fact variance request.
DATED: June 13. 2019
Board of Adjustment Chair
The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear
a.rough proportionality to the impact created by the variance.' (Mitigating impervious surface with storm water management, deep
rooted vegetative buffers, rain gardens, etc.)
It is the Board of Adjustment's job to apply appropriate legal staridards to a specific fact situation. Variances are meant to be an
infrequent remedy where an ordinance imposes a unique and substantial burden.
Robert & Maryiou Haskell - Variance Application Approved as Requested (6:45 p.m.)
Robert & Maryiou Haskell, Pt ofGL 1 Com NW Cor...(.18 Acres) & Pt GL 1-2-3- Called Bergsten...(.29) in Clitherall Township,
request the following: The variance requested is the following: 1. To add an addition to existing structure by following roofline of
residential at 35 feet from OHWL and adding a garage structure at 75 feet from OHWL, required setback is 100’ (see enclosed
literature which is on file at Land & Resource Management). 2. to request a setback from right-of-way of 10 feet instead of 20 feet to
provide a larger scenic green space area at front of the lot (for garage construction). 3. To request a 450 foot^ porch area in the front of
the addition instead of the 260 foot^ in the shore impact zone for the increased viewing and appreciation of beautiful Crane Lake and
to follow existing roof line for architectural harmony. Requesting to have proposed shore impact zone impervious surface at 930
square feet allowed is 260 sq. ft.
Robert & Maryiou Haskell represented the application. The audience was polled with no one speaking for or against the variance as
requested.
After consideration and discussion, Thomas Lee made a motion, second by Douglas Larson and unanimously carried to approve a
variance to construct an addition to the existing structure being 35’ from the OHWL, construct a detached garage being 75’ from the
OHWL and lO’from the road right-of-way. Also construct a 450 sq. ft. porch area in the front of the addition which will be in the
shore impact zone, the impervious surface coverage in the shore impact zone will increase to 930 sq. ft. and based on the Findings of
Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an
official part of the minutes which have been placed on file with the Land & Resource Management Department. The variance as
approved does not directly or Indirectly grant any other variances from proposed or future development.
Carman & Carole Lynnes - Variance Application Approved as Requested (7:57 p.m.)
Carman & Carole Lynnes, Lot 20 Pelican Point First Addition, and Lots 1 & 3 of Haggarts Second Addition in Dunn Township,
request the following: Lot 1 (Parcel No. 17000991968000) & Lot 3 (Parcel No. 17000991970000) of Haggarts Second Addition are
attached to Lot 20 (Parcel No. 17000991948000) Pelican Point First Addition. We are requesting that Lot 1 be split from Lot 20 and
permanently attached to Lot 23 (Parcel No. 17000991951000) of Pelican Point P' Addition, Lot 3 will remain permanently attached to
Lot 20 of Pelican Point P‘ Addition.
The application was represented by Carman Lynnes. The audience was polled with no one speaking for or against the variance as
requested.
After consideration and discussion, Rick Wilson made a motion, second by Thomas Lee and unanimously carried to approve the
variance as requested in the application dated May 13, 2019 and as depicted on the drawing submitted with the variance application
and based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding has been attached
to and incorporated as an official part of the minutes which has been placed on file with the Land & Resource Management
Department.
Devin Gemelli - Variance Application Approved as Requested (7:03 p.m.)
Devin Gemelli, Wly 613’ of SLl of GL 2 Ex 5 Tracts of 500’ on Lk in Amor Township, request the following: Requesting a variance
to replace the roof on the existing dwelling. New roof will have a 8/12 pitch which will match the pitch on the proposed additions to
the dwelling. Also request to replace the screen porch being the same size but need to change the roof to match the proposed roof on
the dwelling. The screen porch is currently setback approx. 56’ from the OHWL and within the bluff. The screen porch will go no
closer to the lake than it currently is.
The application was represented by Devin Gemelli. The audience was polled with no one speaking for or against the variance as
requested.
After consideration and discussion, Darren Newville made a motion, seconded by Kenneth Vorderbruggen and unanimously carried to
approve the variance request to replace the roof with a new 8/12 pitch to match the proposed additions and replace the existing screen
porch being the same size which is currently set back 56’from the OHWL and as depicted on the variance application and drawing
which was submitted with the application and based on the Findings of Fact and Decision Form, which contains the criteria reviewed
and the Board's findings has been attached to and incorporated as an official part of the minutes which has been placed on file with the
Land & Resource Management Department. It was noted that this request is maintenance to the dwelling. The variance as approved
does not directly or indirectly grant any other variances from proposed or future development.
June 13,2019Page I 2
LAND & RESOURCE MANAGEMENT
OTTER TAILf COUNTY - MINNESOTA
Government Services Center
540 West Fir Avenue
Fergus Falls, MN 56537
Notice of Hearing for Variance
Applicant and/or applicant's representative must be present at the scheduled hearing.
To Whom it May Concern;
Carman & Carole Lynnes
51224 Pelican Point Dr.
Detroit Lakes MN 56501
Has/have made application to the Otter Tail County Board of Adjustment for a variance as per
requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back
Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code
and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board
of Adjustment will assemble for this hearing on
Thursday, June 13, 2019 at 6:30 p.m.
in the Commissioner's Room of the Otter Tail County Government Services Center, Fergus Falls, MN.
(Please use the public entrance located on the northeasterly side of the Government Services Center.
The second left off Fir Ave.) Individuals requiring special accommodations should contact the Otter tail
County Land & Resource Management office prior to the date of the public hearing.
** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls
Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing.
The property concerned in the application is legally described and located at:
Parcel No. - 17000991968000,17000991970000 & 17000991948000
Lot 20 Pelican Point First Addition, and
Lots 1 & 3 of Haggarts Second Addition
Section 4, Township 137, Range 42
Township Name - Dunn
Pelican (56-786), General Development (GD)
51224 Pelican Point Dr., Detroit Lakes MN 56501
Legal Description:
Lake Name/Number/Class:
Property Address:
The variance requested is the following:
Lot 1 (Parcel No. 17000991968000) & Lot 3 (Parcel No. 17000991970000) of Haggarts Second Addition
are attached to Lot 20 (Parcel No. 17000991948000) Pelican Point First Addition. We are requesting that
Lot 1 be split from Lot 20 and permanently attached to Lot 23 (Parcel No. 17000991951000) of Pelican
Point r* Addition, Lot 3 will remain permanently attached to Lot 20 of Pelican Point 1*‘ Addition.
Amy Busko
Board of Adjustment Secretary
May 30, 2019
(^) ottertailcountymn.us(g)OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095
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OTTER TAIL COUNTY
Fergus Falls, Minnesota
STATE OF MINNESOTA )
) ss
COUNTY OF OTTER TAIL )
I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify
that on the 30th day of May, 2019 the attached Notice of Hearing for Variance was duly served upon
the individuals listed below and/or included in the attachment:
Township Clerk Lake AssociationProperty Owner
Douglas Winter, Clerk
Dunn Township
50053 Fish Lake Rd
Detroit Lakes MN 56501
Pelican Lake Association
Pelican Group Lake Imp. Dist.
PO Box 336
Pelican Rapids MN 56572
Carman & Carole Lynnes
51224 Pelican Point Dr.
Detroit Lakes MN 56501
City Clerk (if located within 2 miles of a city) N/A
re Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District)
Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528
Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573
Big McDonald:
Devils (Near Perham):
Little McDonald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573
Little Pine & Bio Pine:________Pine Lakes Imp. Dist.. PO Box 405. Perham. MN 56573
fPelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 |
South Turtle Lake:
Otter Tail County COLA, 4302 13»^ Ave S Ste. 4-333, Fargo, ND 58103
Chuck Grotto, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537
Julie Aadland, DNR Eco & Water Resources, 1509 1=' Ave N, Fergus Falls, MN 56537
lU
South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586
Board of Adjustment Members:
Ken Vorderbrugen, 20901 County Hwy 65, Henning MN 56551
R. Stephen Schierer 32117 260'^ Ave, Erhard MN 56534
Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559
Darren M Newville, 614 6'^ St NE, Perham, MN 56573
Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537
Planning Commission Member: Jack Rosenthal, PO Box 266, Ottertail MN 56571
By placing a true and correct copy thereof in a sealed envelope, postage prepaid and depositing the
same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed
above and/or listed in the attachment.Number OF Notices &
Envelopes to Print
IFileDated: May 30, 2019
1Extra
BOA Members ^
PC Member
Envelopes[3
TOTAL NOTICES TO PRINT ^3
r^Added to Agenda
1 ^Print out Finding^of Fact Sheet 3\
Newspapers pP^.T*^ FAoLtt
Amy Busko, Secretary
Otter Tail County Board of Adjustment
I
Anwaui
FOFBy:
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l:\BOA\Affidavits\Lynnes (786) 06-13-19.docx
Buffer Parcels
Parcel No Name 1 Addrl Addr 2Name 2 Citv St Zip
Fargo ND 58107 1147Douglas J Burgum17000040062000 PO Box 1147
r 17000040062030 Burgum Family LLC Et Al 210 Broadway Ste 301 Fargo ND 58102 4771
17000050070011 Andrew L B Noah Et Al PO Box 612 Fargo ND 58107 0612
17000050070012 Matthew J & Susan Noah 4910 Meadow Creek Dr S Fargo ND 58104 7116
17000991081000 Matthew J & Susan Noah 4910 Meadow Creek Dr S Fargo ND 58104 7116
17000991081001 Andrew L B Noah Et Al PO Box 612 Fargo ND 58107 0612
17000991824000 James M & Sherry A Heyer 3200 11th St S Unit 312 Fargo ND 58104 4613
17000991825000 Krjb LLC 2138 Main Ave W West Fargo ND 58078 1346
James & Jean Paulsen17000991826000 621 66th Terr W Kansas City MO 64113 1848
17000991827000 . Martin R Aas 1418 20th St S Fargo ND 58103 3807
17000991901000 Kevin Johnson 2921 28th Ave S Fargo ND 58103 5077
17000991938000 James R Paulsen Tst 621 66th Ter W Kansas City MO 64113 1848
17000991939000 James & Jean Paulsen 621 66th Terr W Kansas City MO 64113 1848
17000991940000 James M & Sherry A Heyer 3200 11th St S Unit 312 Fargo ND 58104 4613
17000991941000 Martin R Aas 1418 20th St S Fargo ND 58103 3807
17000991942000 Bertei Family Prop Ptnrshp 1601 9th St S Fargo ND 58103 4118
17000991943000 Shirley Doherty Linn 1376 Long Lake.Dr Detroit Lakes MN 56501 7191
17000991944000 Christopher J & Amy M Holstad 1820 7th St E West Fargo ND 58078 4353
17000991945000 Beverly Wirth 2213 8th St N Fargo ND 58102 5019
17000991946000 James D & Margit J Kegel 1753 Jefferson Ave Glenview IL 60025 1764
Kevin Johnson17000991947000 2921 28th Ave S Fargo ND 58103 5077
17000991948000 Carmon P & Carole Lynnes 9365 Southwind Ln E Scottsdale AZ 85262 2303
17000991949000 Chellew Fam Tst 7435 Golden Eagle Cir E Gold Canyon AZ 85118 1727
Wednesday. Mav 22, 2019 Page 1 of 2
Addr2 Citv St ZipParcel No Addr 1Name 2Name 1
Fargo ND 58104 722417000991950000,
___________.................................................■_______________________________
Dale lyi & Kelly E Kadlec 6160 16th St.S
Detroit Lakes MN 56501 941017000991951000 John P Haley & Anne K Haley 51174 Pelican Point Dr
‘1700099l952000 /'“Ahdi^L B Ndah EtAI’ “
-----______________.£££__---------------;__________
Fargo ND 58107 0612 ,PO Box 612
Scottsdale AZ 85262 230317000991968000 Carmon P & Carole Lynnes 9365 Southwind Ln E
• 17000?9r969000. %, ,Chellew Fam 1st Gold Canyon AZ 85118 17277435 Golden Eagle Cir E
X-£-
Scottsdale AZ 85262 23039365 Southwind Ln E17000991970000Carmon P &. Carole Lynnes
Page 2 of 2Wednesday, May 22, 2019
Buffer Mail
City, State, ZipAddress i Address 2Name
Fargo ND 58103 3807Martin R Aas 1418 20th St S
Fargo ND 58107 0612Andrew L B Noah Et Al PO Box 612
Fargo ND 58103 41181601 9th St SBertel Family Prop Ptnrshp
Fargo ND 58102 4771210 Broadway Ste 301Burgum Family LLC Et Al ei.
Fargo ND 58107 1147PO Box 1147Douglas J Burgum
Gold Canyon AZ 85118 17277435 Golden Eagle Cir EChellew Fam Tst
Fargo ND 58104 46133200 11th StS Unit 312James M & Sherry A Heyer
West Fargo ND 58078 4353Christopher J & Amy M Holstad 1820 7th St E
Kansas City MO 64113 1848621 66th Ter WJames R Paulsen Tst
'r John P Haley & Anne K Haley Detroit Lakes MN 56501 941051174 Pelican Point Dr
Fargo Np-58103 50772921 28th Ave SKevin Johnson
6160 16th St S Fargo ND 58104 7224Dale M & Kelly E Kadlec
1753 Jefferson Ave Glenview IL 60025 1764James D & Margit J Kegel
2138 Main Ave W West Fargo ND 58078 1346Krjb LLC
Detroit Lakes MN 56501 7191Shirley Doherty Linn 1376 Long Lake Dr
Scottsdale AZ 85262 23039365 Southwind Ln E^Carmon P & Carole Lynnes
Fargo ND 58104 71164910 Meadow Creek Dr SMatthew J & Susan Noah
Kansas City MO 64113 1848James & Jean Paulsen 621 66th Terr W
2213 8th St N Fargo ND 58102 5019Beverly Wirth
Page 1 of 1Wednesday, May 22, 2019
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